R vs Nancy (CN 73.2012) [2014] SCSC 396 (28 October 2014)

R vs Nancy (CN 73.2012) [2014] SCSC 396 (28 October 2014)

The sentence of five years imprisonment was lawfully imposed as the law at the time required a mandatory minimum, no exceptional reasons existed to depart from it, and subsequent changes in sentencing or international obligations did not apply as they were not incorporated into domestic law.

Citation
[2014] SCSC 396
Parties
Appellant: Davis Nancy; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 October 2014
Case Number
CN 73.2012
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Possession of Controlled Drugs, Mandatory Minimum Sentencing, Constitutional Interpretation
Source Language
English
Criminal Law Possession of Controlled Drugs Mandatory Minimum Sentencing Constitutional Interpretation

Case Brief

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Parties

Davis Nancy

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of five years imprisonment for possession of 15 milligrams of heroin was manifestly harsh and excessive
  2. 2 Whether the Magistrate erred in not considering special circumstances for imposing less than the mandatory minimum sentence
  3. 3 Whether subsequent changes in sentencing patterns or international obligations should affect the sentence

Ratio Decidendi

The sentence of five years imprisonment was lawfully imposed as the law at the time required a mandatory minimum, no exceptional reasons existed to depart from it, and subsequent changes in sentencing or international obligations did not apply as they were not incorporated into domestic law.

Court Disposition

appeal dismissed

Orders

  • Sentence of five years imprisonment affirmed